Heritage Bank of Commerce v. Zurich American Insurance Company, a New York corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

HERITAGE BANK OF COMMERCE,

Case No. 21-cv-10086-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS

ZURICH AMERICAN INSURANCE

COMPANY, Defendant.

I. INTRODUCTION Plaintiff Heritage Bank of Commerce purchased insurance from Defendant Zurich American Insurance Company. The policies were claims-made-and-reported policies, much as Heritage tries to convince otherwise. Under this type of policy, Heritage could only obtain coverage if a claim was made against it during the policy period and it reported the claim to Zurich during the period (or a short grace period afterwards). Heritage was sued by several entities who had been scammed by DC Solar, one of Heritage’s clients. Zurich denied coverage because the claims were not reported to Zurich according to Zurich’s policies until well after the policy period had expired. Heritage argues it is entitled to…